This case was transferred by the Yobe State Sharia Court of Appeal for retrial at the Fune Upper Area Court Damagum. The respondent herein as plaintiff at Fune the Upper Area Court Damagum (hereinafter referred to as the UAC) sued the appellants herein as defendants claiming as per page 1 of the records a farm land alleging that it belonged to his father, who gave it on loan to the 1st appellant who had failed to return same back to the respondent. On being confronted with the respondent's claim, the 1st appellant said he was given the land by one Babu Dira, their village head and the appellants thus denied the claim. The appellants further contended that ever since the gift to the they had been in long and undisturbed possession. The trial court after hearing four witnesses, called for the respondent and two called for the appellants, dismissed the respondent's claim.

Dissatisfied with this judgment of the UAC (Upper Area Court) the plaintiff/respondent appealed to the Yobe State Sharia Court of Appeal Damaturu holden at Potiskum on various grounds. At the Yobe State Sharia Court of Appeal (hereinafter referred to as the SCA) the Sharia Court of Appeal heard argument from both sides and consequently reversed the decision of the trial Upper Area Court (UAC) after administering oath to two of the respondent's witnesses holding that the respondent had proved his case against the appellants at the trial Upper Area Court (UAC) and that the latter ought not to have been given the oath of denial.

Dissatisfied with the judgement of the Sharia Court of Appeal the appellants appealed to the Court of Appeal.